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New laws in 2016 run gamut from sick to leave to e-cigarettes
By Ann Ereline and Kem A. Marks
The 2016 legal dos and don’ts keep e-cigarettes out of indoor public spaces – like work, protect employees’ communications on line and off, and “Ban the Box,” among other things. So let’s take a look at the laws that affect you.
“Ban the Box”
Strike out the box on your job applications that asks “Do you have a criminal record.” The state law (H.B. 3025), in effect since Jan. 1, 2016, restricts employers from asking job applicants about their criminal record during the initial stages of the application process and before the first interview.
The law seeks to lift barriers for job-seeking ex-convicts. But it does include exemptions, such as employers (child and elder care, and law enforcement, for example) already required by other laws to consider criminal backgrounds. The state law also allows employers to ultimately use an applicant’s criminal background as part of the reason for not hiring him or her.
The city adds a layer to the “Ban the Box” law with its rules that go into effect July 1. Under Portland regulations, employers cannot ask applicants about their criminal background until the conditional employment offer is made. Like the state law, there are exemptions, including for volunteers working with vulnerable groups (children, elderly and people with disabilities, etc.).
Portland employers will also be able to withdraw an offer because of a criminal past but MUST (and this is important) complete a detailed individualized assessment to be shared with the applicant. Also note, that should the applicant raise his or her background during the first interview, do your best to stop him or her from saying anything further. Explain what the law is, and document, document, and document some more.
The Bureau of Labor and Industries is tasked with handling all complaints for both state and city and you can go to http://www.oregon.gov/BOLI/Pages/index.aspx for more information and guidance.
The state’s sick leave law
Yes, we know that all of you have been working through Portland’s sick leave regulations, but this time, it’s Oregon offering a law that pre-empts city law. Employers with five or fewer workers still may offer only protected (unpaid) sick leave.
Under the state law, effective Jan. 1, employers must provide up to 40 hours of sick leave, which can either be frontloaded to use in the calendar year or carried over to the next year. One hour of sick leave is accrued for every 30 hours worked, and all employees are eligible, with new workers reaching eligibility in their 91st day of work.
It’s a good idea to review and retool, if needed, your policies on sick-leave trades (legal under state law) as well as whether frontloading or carry-overs work best for your business.
Other key employee-employer laws
Paycheck Fairness Act: This is essentially an anti-retaliation act, which makes it illegal for an employer to discriminate against an employee who discusses wages with a co-worker.
Domestic Workers Protections: Nannies, housekeepers and others must receive overtime pay, get rest periods, paid time off (PTO), and be protected against harassment/retaliation.
“Like” Your Own Page, but: You may not require your employees to create and use their own social media page to promote your business.
And, finally, a law for everyone: No e-cigarettes or vaping here: A new state law bans electronic cigarettes, including vaping, at workplaces and indoor public spaces, such as restaurants and bars. Also, it’s now illegal to sell vaporizers and e-cigs to minors.
In addition to complying all the new laws, it’s a good idea to review your workplace policies, updating and revising them as needed. Remember, if you have doubts, go to the BOLI site above, or call a licensed attorney for advice. An ounce of prevention is worth a tone of heartache. If you need help in finding an attorney use the Oregon State Bar’s Lawyer Referral site at https://www.osbar.org/public/ris/. DISCLAIMER: This article is meant to merely be informational and in no way should be construed as legal advice. For legal advice contact a licensed attorney.
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